Legal Opinion

State v. Huebner

Montana Supreme Court

Decided March 9, 1992No. 90-472PublishedCited by 15 opinions

1Opinion of the CourtChief Justice Turnage

Corey Huebner was convicted by a jury in the District Court of the Fifth Judicial District, Madison County, of the misdemeanor charge of wasting game in violation of § 87-3-102, MCA (1989). He appeals. We affirm.

The following issues decide this appeal:

1. Is § 87-3-102, MCA (1989), unconstitutionally vague or overbroad?

2. Did the District Court err by failing to instruct the jury as to criminal intent?

3. Did the District Court impose a penalty contrary to law?

Because of our holdings on these three issues, it is not necessary to discuss the remaining issues raised.

Huebner shot a mountain goat…

2Cases cited5 opinions

  1. United States v. PowellSupreme Court of the United States · 1975
  2. State v. JackMontana Supreme Court · 1975
  3. State v. McDoleMontana Supreme Court · 1987
  4. People v. GenoveseAppellate Court of Illinois · 1978
  5. State v. AustinMontana Supreme Court · 1985

3Cited by15 opinions

  1. State v. BoyerMontana Supreme Court · 2002
  2. State v. SullivanMontana Supreme Court · 1996
  3. State v. EgdorfMontana Supreme Court · 2003
  4. City of Kalispell v. Omyer AthyMontana Supreme Court · 2016
  5. City of Kalispell v. Omyer AthyMontana Supreme Court · 2016

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